(영문) 인천지방법원부천지원 2019.01.18 2017가단3224

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(영문) 인천지방법원부천지원 2019.01.18 2017가단3224

손해배상(기)

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1. The Defendants are jointly and severally liable to the Plaintiff for 67,00,000 won and the period from December 31, 2014 to October 27, 2017.

Reasons

1. Facts of recognition;

A. On October 28, 2013, D completed the registration of ownership transfer on the second floor G and H (hereinafter “each of the instant real estate”) of the 7th floor of the f-dong reinforced concrete structure in Seo-gu Incheon, Seo-gu, Incheon, for the registration of ownership transfer on the ground of the same date trust to I Co., Ltd. on the same day.

B. Defendant C introduced by the Plaintiff, D, Defendant B, and the above Defendant agreed to entrust the name of each of the instant real estate to Defendant C at that time, and D received the registration of transfer from the above Company on November 18, 2013, and completed the registration of transfer based on the sale on October 24 of the same year to Defendant C on November 18, 2013.

Defendant C, according to the Plaintiff’s intent on November 18, 2013, completed the registration of creation of joint ownership of each of the above real estate at the time of the Plaintiff’s death, the maximum debt amount of KRW 552,00,000, and the debtor’s joint ownership of the real estate.

C. On December 26, 2013, Defendant C borrowed KRW 100,000,000 from K with respect to each of the instant real property as the maximum debt amount, and KRW 130,000,000 from K with respect to each of the instant real property upon completing the registration of establishment of joint ownership of the said Defendant.

D. On May 7, 2014, L Co., Ltd. (hereinafter “L”) drafted an agreement (No. 6) containing the following contents with L Co., Ltd., and the Plaintiff signed and sealed the agreement as a observer:

A project owner D and C&L (Representative M) shall agree with respect to the above E business as follows, and the plaintiff shall be guaranteed as a observer:

1. D shall cooperate with the owner in order to pay the construction cost to L;

2. D shall cooperate in obtaining the ownership of each of the instant real property from Defendant C to L.

4. L shall not claim D with respect to the construction cost, and shall thereafter raise objections to civil and criminal matters.

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